[2025] FWC 2269
What happened
the Applicant, a driver for Rasier Pacific Pty Ltd (Uber), was deactivated from the Uber Driver platform. He sought an unfair deactivation remedy under the Fair Work Act 2009, but his application was lodged outside the 21-day statutory period. the Applicant contends he was notified of the deactivation on 19 March 2025, while the Respondent claims it was 19 March 2025. He sought an internal review and contacted Fair Trading and ‘Point to Point’ before lodging the application on 8 June 2025.
What was decided
the Deputy President considered whether to extend the time period for the Applicant’s application. While acknowledging the Applicant’s attempts to dispute the deactivation, the Commission found the reasons for the delay were not exceptional. The Commission determined the deactivation took effect on 19 March 2025, resulting in a 60-day delay. The application was not granted an extension of time.
What it means for employers
Employers using digital labour platforms should ensure drivers are clearly informed about their rights, appeal processes, and relevant time limitations for lodging applications. Providing clear and timely information can help avoid delays and potential complications arising from out-of-time applications.
What it means for employees
Employees should be aware of the strict time limits for lodging unfair deactivation applications. Seeking advice and lodging applications promptly, even while pursuing internal reviews, is crucial to protect their rights. Understanding the Digital Labour Platform Deactivation Code is also important.
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